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Wife filed a Case regarding 498a and 3,4 DPA
13-Oct-2024 (In Divorce Law)
498a case filed by wife forwarded to court. Police summons to attend by phone call, but didn't give any notice. I hv signed 41a CrPC at station.
Will they arrest if I don't attend?
Even if I go, Should I apply anticipatory bail before appearing in court?
How do I quash other family members and where (Sessions or High Court)?
As per the provision of 41a of Cr.P.C.--
Once you have signed the 41a notice at police station, then police shall not be arrested you in respect of the offence referred to in the notice, unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.
But if you fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may arrest you after getting an order from a competent Court in this behalf.
Further, there was no specific bar under the CrPC stipulating that an anticipatory bail could not be sought for after the issuance of a 41A notice.
If you wants to quash the offences alleged against your family members, they you can approach before the concerned High court of your locality by invoking the provision of section 482 of CrP.C or section 528 of BNSS.
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Adv. Mahadev Sahu
Balangir | 25+ Answers
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